Practice Highlights

David MacDonald has been practising personal injury litigation and helping pedestrians, cyclists, motorcyclists and car accident victims who have suffered catastrophic brain, spinal, amputation and other severe orthopedic, psychiatric or neurologic injuries for over twenty-five years. He is Certified as a Specialist in Civil Litigation by the Law Society of Ontario, recognised by Lexpert® as consistently recommended for Personal Injury Litigation by Ontario’s personal injury lawyers, and acknowledged as a Best Lawyer in Civil Litigation practice by Best Lawyers Canada.

David practices all over Ontario and represents clients in the following locations: Toronto, Mississauga, Niagara, Hamilton, London, Sault Ste. Marie, Windsor, Goderich, Owen Sound, Muskoka, Sudbury, Thunder Bay, Ottawa, Parry Sound, Kingston, Peterborough, Aurora and Oshawa, among other municipalities. He also represents Canadians who have been injured in Texas, Florida and the Carolinas.

David has advocated to the government on behalf of car accident victims, pedestrians and cyclists for fair laws for accident benefits and compensation. He has worked as a board member of Peel, Halton, Toronto and Hamilton Brain Injury Associations. In 2003, the Minister of Finance chose David from all personal injury lawyers in the province and appointed him a member of Executive Committee to the Superintendent of Insurance for Ontario’s Auto Reforms Implementation Committee.

David publishes and lectures to lawyers, adjusters and health care practitioners on Catastrophic Injury Determination quarterly. Annually, he is Guest Lecturer on Litigation Experts at The University of Western Ontario Faculty of Law.

David has conducted and won several arbitrations and many personal injury trials arising from car accidents and Municipal Liability.

David provides, without expense, by telephone and in-person initial consultations at hospital or home and is available by cell at 647-290-7291.

Education

Bachelor of Arts (Honours), University of Western Ontario (1986)

Bachelor of Laws, University of Western Ontario Faculty of Law (1989)

Professional Accreditations and Affiliations

Certified Specialist (Civil Litigation)

LEXPERT Ranked Lawyer

Listed in Best Lawyers® Canada

The Advocates’ Society

The Insurance Executive Section of The Ontario Trial Lawyers Association

The Metropolitan Toronto Lawyers Association

Founding and Executive member of the Toronto Brain Injury Awareness Month Organizing Committee

Served on the Board of Directors of the Hamilton Regional Brain Injury Program and the Peel Halton Brain Injury Association

Served as Executive of the Insurance Section of the Canadian Bar Association-Ontario

Greer et al v. Kurtz et al

On March 2, 2003, Donald Greer’s life tragically changed forever when he was involved in a serious motor vehicle accident on an icy highway near Hamilton. Mr. Greer was catastrophically brain-injured in the collision.

Summary

On March 3, 2003, a flash freeze caused Highway 5 to become icy near Waterdown, Ontario. Donald was travelling on Highway 5 with his dog, on the way to his job as a security guard when he suddenly lost control. The vehicle swerved but Donald was able to regain control for a stretch. When Donald lost control for a second time, he was not so lucky. His vehicle slid into the path of another vehicle. Donald’s truck was broadsided by the oncoming car at his driver’s door in the middle of the highway. Donald suffered catastrophic brain injuries and will never be able to work again.

The City of Hamilton and IMOS who were jointly responsible to clear the roadway were both sued, as was the oncoming driver, for failing to slow. The case against the City of Hamilton and IMOS settled before trial with those defendants paying jointly the sum of $3,500,000.00*.

Donald’s case against the oncoming vehicle went to trial. Donald was successful. The owner and operator of the other vehicle were found to be partially responsible. This resulted in Donald recovering a further $1,300,000.00*. Together with the settlement of his no-fault benefits in the amount of $1,800,000.00*, inclusive of past benefits, Donald recovered $6,600,000.00*. With these monies, Donald has been able to afford proper treatment and care. Donald has since married a woman he met following the accident and is now a proud father.

While Donald’s injuries will continue to affect him for his whole life, he has learned how to enjoy a meaningful life as a husband and father.

“The trial judge simply held that Mr. Kurtz should have slowed his vehicle more than he did and that his failure to do so meant that the speed of impact was greater than it otherwise would have been.” [para.10]

“Finally, the trial judge’s impugned negligence finding is not related to avoidance of the accident. As we have said, it is directed to Mr. Kurtz’s failure to slow his vehicle adequately, the result of which was to make the force of the collision greater than it otherwise would have been. This is negligence.” [para.11]

*Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.

L. F. v. State Farm Mutual Automobile Insurance Company

Thomson, Rogers, in collaboration with Holland Bloorview Kids Rehabilitation Hospital and March of Dimes Canada, is proud to host the Children & Youth with Brain Injuries Practical Strategies Workshop from June 7-8, 2018, at the Lexington Hotel & Conference Centre in Sudbury, Ontario. Day 1: Practical skills workshop The focus of this workshop is: To recognize … Continued

Looking for brain injury services in North Bay? Brain Injury Meet & Greet | Thursday, May 17, 2018 | 1:00 pm – 3:00 pm Join Insight Rehabilitation and March of Dimes Canada as they host a social information session aimed at providing brain injury survivors and caregivers with an opportunity to meet local resources in the … Continued

On February 28, 2018, Thomson, Rogers, the Brain Injury Association of Sault Ste. Marie and the March of Dimes Canada are presenting an evening educational symposium for professionals and local service providers specialising in brain injury. Thomson Rogers lawyers David MacDonald and Darcy Merkur will be presenting. For more information, see BIA Sault Ste. Marie’s … Continued

We are pleased to announce that David MacDonald, a partner at Thomson, Rogers was invited by the Ontario Brain Injury Association to speak at their upcoming bi-annual conference – 2017 Acquired Brain Injury Provincial Conference “Making a Difference”. Catch David’s presentation, Concurrent Session D6 – “CAT Turbocharger – Here, take the Keys” on Friday, November 3 … Continued

Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 17 lawyers from Thomson, Rogers were selected for inclusion in 12th Edition of The … Continued

We are proud to announce that 14 of Thomson, Rogers’ lawyers have earned the distinction of being listed in the 2017 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: DAVID NEILL – listed as Repeatedly Recommended in Plaintiff Personal Injury Litigation PATRICK SCHMIDT – listed as Consistently … Continued

During National Collection Week (November 14-20), Thomson, Rogers participated in Operation Christmas Child for the 9th straight year, doing so since 2007. This event gathers gifts and items for children and sends them worldwide to help put smiles on the faces of kids everywhere possible. This year Thomson, Rogers’ staff and lawyers filled 78 boxes full … Continued

Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 14 lawyers from Thomson, Rogers were selected for inclusion in 11th Edition of The Best … Continued

FORE! At least that’s what personal injury lawyers Leonard Kunka and David MacDonald might be hearing as they make an appearance on behalf of Thomson, Rogers at tomorrow’s golf event. Tuesday, June 21, 2016 is Henderson Structured Settlements’ 6th annual Making the Links Golf Classic in support of the Hamilton Health Sciences, as well as … Continued

Watch this short biography video and get to know personal injury lawyer David MacDonald, a partner at the Toronto law firm of Thomson Rogers. Learn about the person behind the lawyer – why he chose law and what he is passionate about. David is a top ranked lawyer with extensive trial experience. His practice is … Continued

Mandatory auto insurance coverage in Ontario is about to change significantly. Although it will cost less, it won’t offer as much protection. As a result of the changes, which will go into effect June 1, the cost for base coverage will drop an average of 3.7 per cent. But consumers are being advised to educate themselves … Continued

Beginning June 1, 2016, rates will go down along with the standard benefits for medical, rehabilitation and attendant care. Mandatory auto insurance coverage in Ontario is about to change significantly, a move that will save drivers money but reduce the amount of benefits they could receive in the event of a crash. As a result … Continued

Personal injury lawyer David MacDonald, will be speaking at the upcoming Neurologic Rehabilitation Institute of Ontario (NRIO) Breakfast Seminars- Spring Series. He will be presenting on “What is Catastrophic? The New Frontier” with a focus on the SABS changes and attendant care needs. TIME: 9:15 a.m. – 10:45 a.m. LOCATION: Etobicoke Clinic – 59 Beaver Bend … Continued

On Saturday, October 3, 2015, Thomson, Rogers lawyers and staff proudly lent their support at the BIST 5K Run, Walk & Run event. The annual run is organized by the Brain Injury Society of Toronto (BIST). This year’s run was held in honor of the heroes of brain injury including survivors, family members, caregivers, health care and … Continued

We are proud to have 14 of our lawyers selected as leading practitioners in their field.

Each year Canadian Legal Lexpert® Directory sends out a survey to all lawyers across the country asking who they would recommend as leaders in their respective field. Thomson, Rogers is proud to announce that 14 of our lawyers have been selected as Leading Practitioners for 2015. Congratulations to: Roger T. Beaman – Repeatedly Recommended in Property Development … Continued

An accident causing a catastrophic injury requires immediate support from a hospital’s most specialized trauma team. Once your condition is stable, you, your family, medical and rehabilitation professionals and specialized personal injury lawyers will create a recovery plan to help ensure the best quality of life possible. View PDF of article.

In the Fall 2005, Volume 6, 3rd Issue of the Accident Benefit Reporter, the writers addressed the topic, “Attendant Care Benefits under Bill 198: Who, What, When, Where and How”. The substance of the article was to suggest that family members were entitled to attendant care in most instances where they took time away from … Continued

Henry v. Gore Mutual is the first court decision to address the issue since the SABS changed the definition of “incurred expense” September 1, 2010. Justice Ray found that as long as a family member providing attendant care sustains “an” economic loss, regardless of the amount of the loss, presuming the injured person pays, promises … Continued

Hearing for GRT driver charged in roundabout crash

Presented at the Children & Youth with Brain Injuries: Practical Strategies Workshop | June 7, 2018

On June 7, 2018, Holland Bloorview Kids Rehabilitation Hospital and March of Dimes Canada, in collaboration with Thomson, Rogers, hosted the Children & Youth with Brain Injuries: Practical Strategies Workshop in Sudbury, Ontario. The objective of the workshop was to provide skills for supporting kids and families after pediatric ABI by helping to: Recognize the … Continued

VIDEO – On May 3, 2018, David MacDonald, a Partner at Thomson, Rogers, and Dr. Dinesh Kumbhare, Associate Clinical Professor at Medicine/Physical Medicine and Rehabilitation and Rheumatology co-presented at the 25th Annual Hamilton ABI Conference. Presentation Synopsis: With reduced funding for community-based services both in the public and community-based spheres, innovation in recognizing, diagnosing and treating … Continued

Personal Injury cases succeed only if the plaintiff establishes his or her injuries occurred through the fault or negligence of another. David MacDonald’s presentation, Negligence in Action: Preparing and Trying Negligence Cases, addresses the following: Elements of Negligence, How to prepare a negligence case, Case examples showing how different kinds of negligence cases were prepared, The … Continued

On April 6, 2018, at the Hamilton General Health Sciences Centre, David MacDonald and Stacey Stevens presented on the topic of, “Premorbidity Conditions: How does SABS and Tort Treat them?? In their presentation, they provide: A variety of case studies Clinician takeaways Information on Thin Skull and Crumbling Skull in a Tort lawsuit

On February 5, 2018, David MacDonald presented at Hamilton Health Sciences. View presentation: Positive TBI Findings and GOSE Here is a brief overview: More ABI survivors can be CAT Review SABS definition Look at new technology re Dx TBI Look at the GOSE test re AC Hospital evaluations of “Independence” What is happening with the … Continued

The focus of this presentation, “CAT Turbocharger – Here take the keys: Getting TBI Survivors to CAT quickly using MRBDT positive findings from insurer funded qEEG, fMRI and GOSE assessments”, is to provide help in recognizing and gaining entitlement for MVA TBI survivors to CAT designation and funding for treatment. Based upon the new provisions in the June … Continued

Accident Benefits Summary Charts (for accident on or after June 1, 2016)

To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson, Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued

On August 27, 2015 the Ontario Legislature released the regulation with the changed definition for Catastrophic impairment determination which will affect those in accidents on or after June 1, 2016 or when their policy renews thereafter, whichever is later. The goals of this paper are first to provide a brief overview of the changes to … Continued

The goal of this paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. In addition, this paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination … Continued

Personal injury lawyers, David F. MacDonald, Michael L. Bennett and Darcy R. Merkur presented, Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams, at Bridgepoint Active Healthcare on May 7, 2014. Overview of presentation: The following is an attempt to document typical examples of questions asked by survivors and their family members and corresponding responses … Continued

Catastrophic Impairments: Increasing Access to Care and Treatment for Patients with Severe Injuries

Presented at the AMA Guides to Impairment Rating seminar at The Canadian Memorial Chiropractic College

The goal of this paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. This paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination by the courts and by FSCO Arbitrators. … Continued

Making the Best Use of Prehearings in Accident Benefit Disputes at the Financial Services Commission

Presented at the Financial Services Commission of Ontario's seminar "Succeeding on Mediations and Arbitrations"